House Bill 241

AN ACT TO AMEND SECTIONS 23-15-297, 23-15-299 AND 23-15-977,
MISSISSIPPI CODE OF 1972, TO REVISE THE FEES REQUIRED TO BE PAID BY A CANDIDATE
UPON ENTERING CERTAIN RACES FOR PARTY NOMINATION; AND FOR RELATED PURPOSES.

23-15-297.
Any candidate entering the race for party nominations for office
shall first pay to the proper officer as provided for in Section 23-15-299 for
each primary election the following amounts:

(a)
Candidates for Governor, the sum of One Thousand Dollars ($1,000.00).

(b)
Candidates for Lieutenant Governor, the sum of One Thousand Two
Hundred Fifty Dollars ($1,250.00).

(c)
Candidates for Attorney General, State Treasurer, Auditor of Public
Accounts, Commissioner of Insurance, Secretary of State and Commissioner of
Agriculture and Commerce, the sum of One Thousand Dollars ($1,000.00.

(d)
Candidates for Mississippi Transportation Commissioner and State
Public Service Commissioner, the sum of Nine Hundred Dollars ($900.00).

(e)
Candidates for State Senator and State Representative, the sum
of Three Hundred Fifty Dollars ($350.00).
(f) Candidates for district attorney, the
sum of Three Hundred Dollars ($300.00).

(g)
Candidates for sheriff, chancery clerk, circuit clerk, tax assessor,
county attorney, tax collector, countysuperintendent of education,
county coroner, county surveyor and ranger, the sum of One Hundred
Dollars ($100.00).

(h) Candidates for justice court judge, constable, board of
supervisors and county board of education, the sum of Fifty Dollars ($50.00).

(i) Candidates for United States Senator, the sum of One Thousand
Dollars ($1,000.00).

(j) Candidates for United States Representative, the sum of Two
Hundred Dollars ($200.00).

A person shall not be denied candidacy
for any of the offices for which fees are assessed under this section because
the person is unable to pay the fees required by this section.

23-15-299.
(1) Assessments made pursuant to
paragraphs (a), (b), (c), (d) and (f) of Section 23-15-297 and
assessments made pursuant to paragraph (e) of Section 23-15-297 for
legislative offices shall be paid by each candidate to the Secretary of the
State Executive Committee with which the candidate is affiliated by 5:00 p.m.
on March 1 of the year in which the primary election for the office is held or
on the date of the qualifying deadline provided by statute for the office,
whichever is earlier.

(2)
Assessments made pursuant to paragraphs * * * (e), (g) and (h) of Section 23-15-297,
other than assessments made for legislative offices, shall be paid by each
candidate to the circuit clerk of such candidate's county of residence by 5:00
p.m. on March 1 of the year in which the primary election for the office is
held or on the date of the qualifying deadline provided by statute for the
office, whichever is earlier; provided, however, that no such assessments may
be paid before January 1 of the year in which the election for the office is
held. The circuit clerk shall forward
the fee and all necessary information to the secretary of the proper county
executive committee within two (2) business days.

(3)
Assessments made pursuant to paragraphs (i) and (j) of
Section 23-15-297 must be paid by each candidate to the Secretary of the State
Executive Committee with which the candidate is affiliated by 5:00 p.m. sixty
(60) days before the presidential preference primary in years in which a
presidential preference primary is held.
Assessments made pursuant to paragraphs (i) and (j) of
Section 23-15-297, in years when a presidential preference primary is not being
held, shall be paid by each candidate to the Secretary of the State Executive
Committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the
year in which the primary election for the office is held.

(4)
(a) The fees paid pursuant to
subsections (1), (2) and (3) of this section shall be accompanied by a written
statement containing the name and address of the candidate, the party with
which he or she is affiliated and the office for which he or she is a
candidate.

(b)
The State Executive Committee shall transmit to the Secretary of State a
copy of the written statements accompanying the fees paid pursuant to
subsections (1) and (2) of this section. All copies must be received by the
Office of the Secretary of State by not later than 6:00 p.m. on the date of the
qualifying deadline; provided, however, the failure of the Office of the
Secretary of State to receive such copies by 6:00 p.m. on the date of the
qualifying deadline shall not affect the qualification of a person who pays the
required fee and files the required statement by 5:00 p.m. on the date of the
qualifying deadline. The name of any
person who pays the required fee and files the required statement after 5:00
p.m. on the date of the qualifying deadline shall not be placed on the primary
election ballot.

(5)
The secretary or circuit clerk to whom such payments are made shall
promptly receipt for same stating the office for which such candidate making
payment is running and the political party with which he or she is affiliated,
and he or she shall keep an itemized account in detail showing the exact time
and date of the receipt of each payment received by him or her and, where
applicable, the date of the postmark on the envelope containing the fee and
from whom, and for what office the party paying same is a candidate.

(6)
The secretaries of the proper executive committee shall hold said funds
to be finally disposed of by order of their respective executive
committees. Such funds may be used or
disbursed by the executive committee receiving same to pay all necessary
traveling or other necessary expenses of the members of the executive committee
incurred in discharging their duties as committeemen, and of their secretary
and may pay the secretary such salary as may be reasonable.

(7)
Upon receipt of the proper fee and all necessary information, the proper
executive committee shall then determine whether each candidate is a qualified
elector of the state, state district, county or county district which they seek
to serve, and whether each candidate meets all other qualifications to hold the
office he is seeking or presents absolute proof that he will, subject to no
contingencies, meet all qualifications on or before the date of the general or
special election at which he could be elected to office. The committee also shall determine whether
any candidate has been convicted of any felony in a court of this state, or has
been convicted on or after December 8, 1992, of any offense in another state
which is a felony under the laws of this state, or has been convicted of any
felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of
manslaughter and violations of the United States Internal Revenue Code or any
violations of the tax laws of this state unless the offense also involved
misuse or abuse of his office or money coming into his hands by virtue of his
office. If the proper executive
committee finds that a candidate either (a) is not a qualified elector, (b) does
not meet all qualifications to hold the office he seeks and fails to provide
absolute proof, subject to no contingencies, that he will meet the
qualifications on or before the date of the general or special election at
which he could be elected, or (c) has been convicted of a felony as described
in this subsection, and not pardoned, then the name of such candidate shall not
be placed upon the ballot.

Where there is but one (1) candidate for
each office contested at the primary election, the proper executive committee when the time has expired within
which the names of candidates shall be furnished shall declare such candidates
the nominees.

(8)
No candidate may qualify by filing the information required by this
section by using the internet.

23-15-977.
(1) Any candidates for
judicial office as defined in Section 23-15-975 of this subarticle shall file
their intent to be a candidate with the proper officials not later than 5:00
p.m. on the first Friday after the first Monday in May prior to the general
election for judicial office and shall pay to the proper officials the
following amounts:

(b)
Candidates for circuit judge and chancellor, the sum of Three Hundred
Dollars ($300.00).

(c)
Candidates for county judge * * *,
the sum of One Hundred Dollars ($100.00).

(2)
Candidates for judicial offices listed in paragraphs (a) and (b) of
subsection (1) of this section shall file their intent to be a candidate with,
and pay the proper assessment made pursuant to subsection (1) of this section
to, the State Board of Election Commissioners.

(3)
Candidates for judicial offices listed in paragraph (c) of subsection
(1) of this section shall file their intent to be a candidate with, and pay the
proper assessment made pursuant to subsection (1) of this section to, the
circuit clerk of the proper county. The
circuit clerk shall notify the county commissioners of election of all persons
who have filed their intent to be a candidate filed with, and paid the proper
assessment to, such clerk. Such
notification shall occur within two (2) business days and shall contain all
necessary information.

(4)
A person shall not be denied candidacy for any of the offices for which
fees are assessed under this section because the person is unable to pay the
fees required by this section.

SECTION
4. The Attorney General of the
State of Mississippi shall submit this act, immediately upon approval by the
Governor, or upon approval by the Legislature subsequent to a veto, to the
Attorney General of the United States or to the United States District Court
for the District of Columbia in accordance with the provisions of the Voting Rights
Act of 1965, as amended and extended.

SECTION
5. This act shall take effect and
be in force from and after the date it is effectuated under Section 5 of the
Voting Rights Act of 1965, as amended and extended.